Jurors Kept In The Dark About Insurance
The best-kept secret during a personal injury jury trial is that the defendant,
the person being sued may be insured. The evidence that is presented by
either the plaintiff’s attorney or the defendant’s attorney
is regulated by the California Evidence Code. A jury trial is conducted
according to a set of rules. The Evidence Code sets forth the rules. “Evidence
that a person was, at the time a harm was suffered by another, insured
wholly or partially against loss arising from liability for that harm
is inadmissible to prove negligence or other wrongdoing.” [Evidence
Code 1155]. The rationale behind this exclusionary rule about insurance
is that if the jury learns that a defendant was insured for the accident
that they may be more inclined to award a higher jury verdict against
that defendant than if they mistakenly believe that the poor defendant
is uninsured and he or she will have to pay off the verdict out of pocket.
In fact, it is this Palm Springs and Palm Desert personal injury lawyer’s
opinion that most jurors are very aware that personal injury cases that
get to court involve defendants who were insured. The rule preventing
jurors learning that defendants have insurance prevents the jury from
deciding the case on the evidence about the cause of the auto accident
and the injuries and economic losses suffered by the plaintiff. If the
jurors are not told the truth about a defendant being insured that same
jury may not reach a fair and reasonable verdict in favor of the injured
plaintiff because they may feel sorry for the defendant who they erroneously
believe is without insurance protection. Contact the Palm Springs and
Palm Desert personal injury lawyer at Barry Regar A Professional Law Corporation
for any legal advice about personal injury cases.
Posted By
Barry Regar APLC
Categories: